A Study On The Crime Of Omission

It is difficult to study the crime of omission in the theory of crime and in the meantime the impure crime of omission is a most controversial focus disputed in the academic field of the criminal law about the crime of omission. Different attitude for the punishment of the impure crime of omission is adopted in theories and lawmaking of criminal law in every country. Previous research for the crime of omission concentrates too much on the duty of action, and neglects the research for omission, nevertheless, the omission and the crime of omission are two different concepts, and the latter is the result from accordingly evaluation of the former about the elements of the crime. This text launches the research for the crime of omission based on the difference between the omission and the crime of omission. The full text is divided into totally seven parts, roughly more than 50,000 words.The first part: Preface. The article first sums up present conditions in the domestic and international academic community of criminal law, pointing out the problem in the research for the crime of omission. This part even explains the way of research and the clue for the solution to the problem.The second part: Behavior theories and omission. First of all the part reviews behavior theories, behavior function and the nexus with the system of crime theory in the continental law system, pointing out the puzzledom confronted with explaining omission of every kind of behavior theories. Secondly, the text reviews the present condition of studying behavior concepts in our native theory of criminal law, and puts forward my own opinions for the behavior concept. Finally the part discusses the deed character of omission from the outset of it.The third part: The relation between omission, action and the elements of crime.Firstly this part clears up the definition concerned with the concepts of action and omission in our nation's theory of criminal law, points out the distinction between action and omission should be made outside of the elements of crime and on the basis of this further indicates the differentiation standard between action and omission and the affirmation of omission should be implemented based on the favor of carrying out the principle of prescribed punishment for a specified crime.Lastly the text discusses the relation between omission and the elements of crime.The fourth part: The connection between the classification of crime of omission and law norms. This part first introduces the classification of crime of omission in our country and abroad, and then reviews the connection between the classification of crime of omission and law norms, pointing out that we should pay attention to carrying out the principle of prescribed punishment for a specified crime when reviewing the connection between the classification of crime of omission and law norms.The fifth part: The duty of crime of omission. Firstly this part investigates the source of action duty of the impure crime of omission, pointing out the problem existed in the impure crime of omission, and claiming that we should deny the duty of action inside of the impure crime of omission and resolve it from substantial aspect about the affirmation and the punishment of the impure crime of omission. Secondly the part discusses the source of action duty of the pure crime of omission, and points out the solution to the conflict problem of the duty of action inside of the pure crime of omission.The sixth part: The objective and subjective elements of the impure crime of omission. This part puts forward the objective and subjective elements when affirming the impure crime of omission on the basis of denial of the duty of action.The seventh part: Conclusion. Sum up the whole text.